00                     CS FOR HOUSE BILL NO. 175(JUD) am                                                                  
01 "An Act relating to the prohibition of the exercise of the power of eminent domain                                      
02 against a recreational structure for the purposes of developing a recreational facility or                              
03 project; and relating to access to fishing waterways."                                                                  
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 09.55.240(e) is amended to read:                                                                   
06            (e)  The power of eminent domain may not be exercised for the purpose of                                     
07       developing a recreational facility or project if the property to be acquired includes an                          
08       individual landowner's personal residence or recreational structure or that portion of                        
09       an individual's property attached to and within 250 linear feet of an individual                                  
10       landowner's personal residence or recreational structure unless the landowner                                 
11       consents either before or after a condemnation proceeding has been filed.                                         
12    * Sec. 2. AS 09.55.240(h)(3) is amended to read:                                                                   
13                 (3)  "personal residence" means a structure that is the dwelling place of                               
14       an individual that                                                                                                

01                      (A)  must be used by the owner or beneficiary of a trust holding                                   
02            legal title to the structure as a dwelling unit, as opposed to a rental, storage, or                         
03            other commercial space;                                                                                      
04                      (B)  must be inhabited by the owner, prior owner, or beneficiary                                   
05            of a trust holding legal title to the structure for at least 90 days during the 12-                          
06            month period immediately before the date an action for the exercise of the                                   
07            power of eminent domain is filed;                                                                            
08                      (C)  must constitute an ordinary home for general living                                           
09            purposes [, AS OPPOSED TO A DWELLING USED ONLY FOR                                                           
10            SEASONAL RECREATIONAL OR TEMPORARY PURPOSES]; and                                                            
11                      (D)  may not have been constructed, placed, or occupied for the                                    
12            purpose of avoiding eminent domain proceedings;                                                              
13    * Sec. 3. AS 09.55.240(h) is amended by adding a new paragraph to read:                                            
14                 (6)  "recreational structure" means a permanent structure that is used by                               
15       the owner of or beneficiary of a trust holding legal title to the structure as a dwelling                         
16       for seasonal recreational purposes.                                                                               
17    * Sec. 4. AS 38.50 is amended by adding a new section to read:                                                   
18            Sec. 38.50.015. Access along fishing waterways. (a) The commissioner and                                   
19       the commissioner of fish and game jointly shall prepare and maintain a list that                                  
20       identifies land to or along fishing waterways where public access is or may in the                                
21       future be impeded by private land ownership. The list must include at least two and                               
22       not more than five meander miles along fishing waterways, and may identify land to                                
23       be used for public access for fishing, hunting, or other recreational purposes. The list                          
24       shall be prepared before December 1 of each year, except that the commissioner and                                
25       the commissioner of fish and game are not required to prepare a new list if the existing                          
26       list contains at least two meander miles of private land along fishing waterways.                                 
27            (b)  Before February 1 of each odd-numbered year, the commissioner, with the                                 
28       concurrence of the commissioner of fish and game, shall submit to the legislature a                               
29       plan to acquire by easement, fee, or other interest, public access to or along fishing                            
30       waterways through trade with or purchase from a willing landowner or landowners.                                  
31            (c)  An agreement for an easement that provides public access to a fishing                                   

01       waterway under this section may allow the owner of the land granting the easement to                              
02       develop the land subject to the rights granted by the easement.                                                   
03            (d)  The commissioner may close or restrict public access acquired under this                                
04       section if necessary to protect habitat along a fishing waterway.                                                 
05            (e)  The commissioner and the commissioner of fish and game shall consider                                   
06       land providing public access along Montana Creek upstream of the Parks Highway,                                   
07       and along Anchor River and Deep Creek on the Kenai Peninsula for inclusion in the                                 
08       plan under (b) of this section.                                                                                   
09            (f)  The commissioner may not obtain a property interest in land under this                                  
10       section unless the commissioner has made not less than an equivalent acreage of state                             
11       land available for disposal for private use under AS 38.05.050 in the same calendar                               
12       year.                                                                                                             
13            (g)  In this section,                                                                                        
14                 (1)  "fishing waterway" means a waterway that contains wild sport fish                                  
15       or fish of a species, physical size, and abundance that may support a sport,                                      
16       commercial, personal use, or subsistence fishery;                                                                 
17                 (2)  "meander mile" means a distance of one mile measured following                                     
18       the course of a waterway.